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Question 1

Jermaine gave property to himself "for his own use and benefit." His brother, Tito, challenged this contention because Jermaine had promised him in a conversation during Christmas that he was going to hold the property for Tito's benefit. The court would allow the introduction of Tito's testimony.

Question 2

Orville establishes an oral trust (his sister Viveca is the trustee) as follows: "1,000 shares of utilities stock to benefit Juliana"; "income for life to Sandra, upon her death, principal to Daphne" and he deeds his personal residence in North Dakota to benefit Zack. Which item is unenforceable?